MANNING v. GAGNE

No. 3507.

108 F.2d 718 (1939)

MANNING et al. v. GAGNE, Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

December 29, 1939.


Attorney(s) appearing for the Case

John R. McLane, of Manchester, N. H. (McLane, Davis & Carleton, of Manchester, N. H., on the brief), for appellants.

Lee A. Jackson, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key and Joseph M. Jones, Sp. Assts. to Atty. Gen., on the brief), for appellee.

Before WILSON and MAGRUDER, Circuit Judges, and McLELLAN, District Judge.


McLELLAN, District Judge.

This appeal of the plaintiffs from a judgment for the defendant comes here with the District Judge's findings of fact, rulings of law and a transcript of the evidence. The crucial question is whether the finding that two transfers of stock by a taxpayer to his son, while in form sales, were in fact gifts, should stand. If sales, the taxpayer was entitled to a tax deduction. If gifts, no such deduction was allowable, and the action can not...

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